Insights

Immigration limit starting to impact on employers

Posted on 13th January 2014 at 9:00 am

Employers who sponsor employees to work in the UK under Tier 2 (General) of the points-based system should be aware that the monthly immigration limit for skilled workers has been exceeded in recent months. The immigration limit restricts the number of employees who can be issued with a Certificate of Sponsorship under Tier 2 (General) each year. The limit is broken down into monthly allocations.

The immigration limit on Tier 2 (General) visas has applied since 2011. This annual limit is 20,700. The immigration limit has not proved to be a problem as yet as there has, until now, been an unused surplus of Certificates of Sponsorship available from previous months which have been rolled over to the following month.

However, there has recently been a clear trend of employers seeking to sponsor more and more employees. It is therefore likely that the Tier 2 (General) cap will be exceeded in future months, assuming that this trend continues.

If the immigration limit is reached in a particular month (and if an insufficient surplus is available from previous months), employers will be able to re-apply the following month. This could delay certain applications. It is also possible that some applications will not be granted at all if the limit is exceeded.

We can advise employers on the impact that this may have on the timing of applications. We can also advise on the way in which applications are prioritised, if the limit is exceeded.

Author

John Macmillan has been Managing Partner of MacRoberts since October 2014, having previously managed the firm between 1998 and 2005.

John has been involved in litigation throughout his career and, since 1992, has specialised exclusively in employment litigation coupled with employment advisory work. He advises clients on a wide range of employment issues as they arise in the workplace, from conduct through capability to redundancy and reorganisation. He has presented cases to the Employment and Employment Appeal Tribunals for over 20 years, including those in relation to equal pay, and also advises on a wide range of contractual issues and TUPE implementation initiatives.

As Managing Partner, he has overseen one of the firm’s most successful years in 2015/16, seeing turnover increase by 10% which contributed to the firm winning the number one spot on Scottish Business Insider’s SME300 list.

Contact us

Sections

Tools

Stay in touch with MacRoberts

Legal changes can have a dramatic impact on you and your business. To ensure you are kept abreast of the latest developments and have the knowledge to make timely, effective decisions, please sign up for our free updates.

By continuing to use the site, you agree to the use of cookies. more information

The cookie settings on this website are set to "allow cookies" to give you the best browsing experience possible. If you continue to use this website without changing your cookie settings or you click "Accept" below then you are consenting to this.